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I am separated from my wife (not legally) and she has ...

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I am separated from my...
I am separated from my wife (not legally) and she has claimed the deductions for the home and children. My question is, if I am married filing separately can I deduct the monthly support that I give her? Also is there any other options I should be looking at?
Submitted: 9 years ago.Category: Tax
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4/2/2008
Tax Professional: Lev, Tax Advisor replied 9 years ago
Lev
Lev, Tax Advisor
Category: Tax
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In order to be treated as alimony (and be deductible on your tax return), payments made you made to your ex-spouse) must meet all these requirements:

  • they must be in cash, check, or money order.
  • they must be made under a divorce or separation document.
  • neither you nor your ex-spouse must state in the divorce decree that the payments would not be treated as alimony for federal income tax purposes.
  • you and your ex-spouse may not be living in the same household when the payment is made after a final decree of divorce/separation is issued.
  • you obligation to make payments should be terminated without any liability if the recipient dies.
  • You and your ex-spouse may not file a joint tax return.
  • None portion of the payment may be considered a child support.

Please see for reference IRS publication 504, Divorced or Separated Individuals - http://www.irs.gov/pub/irs-pdf/p504.pdf

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Customer reply replied 9 years ago
if my wife has already taken all of the deductions i.e. interst on morgage, exemptions for the children, is there anything I could claim other than myself?
Tax Professional: Lev, Tax Advisor replied 9 years ago

If part of the mortgage interest was paid by you of from jointly owned funds - you are entitled to claim that expenses on you r tax return.

You a child lived with you more than half of the year - you may claim that child as a dependent. In this situation if you paid more than half the cost of keeping up your

and if you lived apart from your spouse during the last 6 months of the tax year - you would be considered unmarried for tax purposes and may use a head of household status.

Lev
Lev, Tax Advisor
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